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Speaker 1: We might have found a tough judge in what some

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Speaker 1: are calling a sort of a landmark case in Napier.

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Speaker 1: We've got a twenty year old man with no previous

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Speaker 1: convictions has been sentenced to twenty seven months jail after

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Speaker 1: crashing while under the influence of cannabis. The crash killed

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Speaker 1: one friend and left another wheelchair bound, the judge stressing

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Speaker 1: the need for serious consequences for impaired driving. Now, John

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Speaker 1: Unrose a criminal defense lawyer and is with us. John

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Speaker 1: morning to you.

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Speaker 2: Good morning, way.

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Speaker 1: Is this unusual?

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Speaker 2: I don't think it really, because the judge took a

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Speaker 2: starting point in the sentence of four and a half

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Speaker 2: years I think for memory, which is within the range

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Speaker 2: for that sort of offense for two basically one person

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Speaker 2: deed and one seriously nimed. So I don't think it's

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Speaker 2: that unusual.

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Speaker 1: No, that's what we're having a debate off here as

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Speaker 1: to whether this was the thing or not, whether we're

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Speaker 1: going to see some sort of change. And because you

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Speaker 1: start up fifty four, he had twenty percent discount for guilty, please,

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Speaker 1: fifteen percent for you, five percent for allowing his victims

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Speaker 1: to be heard through the restorative justice process, and ten

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Speaker 1: percent for the rehabilitative efforts, and by the time you

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Speaker 1: get to that, you're down to twenty seven, which is

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Speaker 1: above the twenty four for the two years, which means

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Speaker 1: you're going to jail, isn't it.

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Speaker 2: That's right, Yeah, that's right. It he missed out on

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Speaker 2: the sort of threshold, which was twenty four months, and

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Speaker 2: that's probably going to get tougher as well, because if

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Speaker 2: the starting point remains the same for an offense which

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Speaker 2: takes place perhaps in a year's time, those discounts, if

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Speaker 2: you call them, that is going to be capped at

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Speaker 2: forty percent. Yeah.

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Speaker 1: How someone when when you start at fifty four as

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Speaker 1: he did, how prescriptive?

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Speaker 2: Is that? It's really not that prescriptive because it's dealt

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Speaker 2: with by past cases, so there'll be precedents around that

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Speaker 2: sort of guide the judge in that fashion as to

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Speaker 2: where he should start at.

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Speaker 1: The defense. Now you're arguing for home D. Is that

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Speaker 1: standard as it doesn't matter what's happened, Let's have some

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Speaker 1: home D.

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Speaker 2: Not necessarily, I mean my style usually is if it

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Speaker 2: gets if it gets close, we'll try for home D.

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Speaker 2: And other things can get discounts, such as at the

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Speaker 2: time they were on bail, electronic bail, for example, he

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Speaker 2: might have slipped under, but not necessarily. No, but I

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Speaker 2: will ohs, after I've done the reductions of my own head,

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Speaker 2: I'll try for home detention.

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Speaker 1: Okay, appreciate your insight, John John Munroe, who's criminal defense lawyer.

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